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Patna High Court

Anil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Anil Kumar Shri Umesh Paswan, was arrested on 26 February 2026 for possession of 105 litres of illicit country-made liquor, alleged under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018. He applied for regular bail, claiming innocence, no prior criminal record, and offering to donate Rs.25,000 to a charitable organization. The State opposed the bail. The High Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties, verify his clean antecedent, deposit Rs.25,000 with the Ramakrishna Mission and produce the receipt, and report to the police station every Sunday, failing which bail would be cancelled. The order directs the lower court to verify the antecedent and the genuineness of the charitable receipt before accepting the bail bonds. The bail was thus granted subject to these conditions.

Issues considered

  • Whether regular bail should be granted to a person accused under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018.
  • Whether the imposition of conditions such as a charitable donation, verification of clean antecedent, and mandatory weekly police attendance are permissible in granting bail.

Subjects

  • bail
  • excise offence
  • illicit liquor
  • section 30(a)
  • Bihar Prohibition & Excise Act
  • charitable donation condition
  • police attendance condition
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27111 of 2026
                     Arising Out of PS. Case No.-120 Year-2026 Thana- Excise P.S. District- Lakhisarai
                 ======================================================
                 Anil Kumar Shri Umesh Paswan Resident of Village - Laxminiya, Ward No.
                 4, P.S. - Bannu Bagicha, District- Lakhisarai.

                                                                                       ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Shaukat Alam, Advocate
                 For the Opposite Party/s :         Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Excise P.S. Case No. 120c2 of 2026 registered for the offence

                   under section 30(a) of the Bihar Prohibition & Excise

                   (Amendment) Act, 2018.

                                3. The recovery is of 105 litres of illicit country-made

                   liquor from a vehicle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has no criminal antecedent. He further

                   submits that the petitioner is in custody since 26.02.2026

                   without any fault.

                                5. Learned counsel for the petitioner also submits that

                   the petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.27111 of 2026(2) dt.22-04-2026
                                            2/3




          organization without accepting his guilt

                        6. Learned APP appearing for the State opposes the

          prayer of the petitioner for grant of bail.

                       7. Considering the facts and circumstances of the case

          as well as the submissions of learned counsel for the petitioner,

          this application is allowed.

                       8. Let the petitioner, above named, be released on bail

          upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned District and Additional Sessions Judge-

          VII -cum – Exclusive Special Excise Court No. 2, Lakhisarai /

          concerned Court below, in connection with Excise P.S. Case

          No. 120c2 of 2026

                       9. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the

          petitioner that he has clean antecedent. The bail bonds of the

          petitioner shall only be accepted if it is found that he has clean

          antecedent.

                       10. This is also subject to the condition that the

          petitioner     shall    deposit      an    amount    of   Rs.25,000/-   in

          Ramakrishna Mission Ashrama, Nala Road, Patna and produce

          the receipt of the same before the Court below. The bail bonds
              Patna High Court CR. MISC. No.27111 of 2026(2) dt.22-04-2026
                                                          3/3




                        of the petitioner shall be accepted after verifying the

                        genuineness of the receipt produced by the petitioner.

                                     11. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at

                        Bannu Bagicha Police Station, District- Lakhisarai on every

                        Sunday of the month. Any default in appearance at the Police

                        Station will result in cancellation of bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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